Office Procedures Quiz #5

Front 1

ratio decidendi

Back 1

the ground or reason for a decision; the point in a case that determines the judgment

Front 2

reciprocity

Back 2

mutuality (privileges for privileges)

Front 3

remand

Back 3

to send back (e.g. case sent back to trial court from appellate court or alleged criminal sent back into custody)

Front 4

repugnancy

Back 4

an inconsistency or opposition between two or more clauses of the same deed, contract, or statute, or between two or more material allegations of the same pleading, or any two writings

Front 5

res ipsa loquitur

Back 5

the thing speaks for itself

Front 6

res judicata

Back 6

already decided; a matter already settled in court; the rule that a matter once judicially decided is finally decided

Front 7

seriatim

Back 7

severally; separately; individually; one by one

Front 8

shyster

Back 8

a trickish knave; one who carries on any business or profession in a deceitful, tricky, or dishonest way

Front 9

simul cum

Back 9

together with

Front 10

sine die

Back 10

postponement of a matter to a time that is not as yet specified

Front 11

situs

Back 11

situation; location; site; position

Front 12

stare decisis

Back 12

to abide by or adhere to decided cases; to stand by precedent

Front 13

subrogation

Back 13

the substitution of one person in the place of another with reference to a lawful claim, demand or right, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities. E.g. an insurance company may step into the shoes of the party whom it compensates and sue any party whom the compensated party could have sued

Front 14

supra

Back 14

above; this word refers the reader to a previous part of the document or citation

Front 15

testator

Back 15

one who makes or has made a testament or will; one who dies leaving a will

Front 16

trial de novo

Back 16

a trial of the entire case anew, both on law and on facts

Front 17

trustee

Back 17

a person holding property in trust; the person appointed or required by law to execute a trust

Front 18

turpis causa

Back 18

a consideration which, on account of its immorality, is not allowed by law to be sufficient either to support a contract or to found an action

Front 19

ultima ratio

Back 19

the last argument; the last resort; the means last to be resorted to

Front 20

usurious

Back 20

charging an illegal rate of interest

Front 21

uxor

Back 21

in the civil law, a wife; a woman lawfully married

Front 22

venue

Back 22

designates the particular place in which a court with jurisdiction may hear and determine the case; the "neighbourhood" where an injury or fact is declared to have happened

Front 23

veracity

Back 23

truthfulness; accuracy

Front 24

verily

Back 24

in very truth; beyond doubt or question; really

Front 25

vexatious

Back 25

without reasonable or probable cause or excuse

Front 26

vires

Back 26

powers; forces; capabilities; powers granted or limited

Front 27

vis á vis

Back 27

face to face; in relation to each other

Front 28

voire dire

Back 28

to speak the truth; preliminary examination to determine the competence of a juror or witness

Front 29

volenti non fit injuria

Back 29

voluntary assumption of risk; if someone knowingly and voluntarily takes a risk, he has no right to complain if he is injured (e.g. if a passenger knowingly gets into a vehicle with a driver that he know is impaired)

Front 30

waiver

Back 30

an express or implied relinquishment of a legal right

Front 31

warranty

Back 31

a promise that a proposition of fact is true

Front 32

without prejudice

Back 32

a declaration used when making an offer or admission in order that no rights of the party are surrendered, other than those set out; creates an "off the record" offer or admission

Front 33

writ of certiorari

Back 33

an order by the appellate court that is used by that court when it has discretion on whether or not to hear an appeal from a lower court

Front 34

writ of delivery

Back 34

a writ of execution employed to command the sheriff to enforce a judgment for the delivery of chattels

Front 35

writ of possession

Back 35

writ of execution employed to enforce a judgment to recover the possession of land. It commands the sheriff to enter the land and give possession of it to the person entitled under the judgment